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16 - Zoning Change Two-Family District to Multi-Family Dwelling District Block 227-C Lots 1-1A and 1B 1900 Block of E. Booth Street - petition of Skyler BurchinalItem No. 16 TO: Planning & Zoning Commission FROM: Carla Easton, P.E., Community Development Director SUBJECT: ZONING CHANGE, 1907,1923,1933 EAST BOOTH DATE: October 1, 2019 BACKGROUND: Skyler Burchinal, acting on behalf of Dawn M. Coulson, is asking for a change in zoning from 2F Residential (duplex) to MF -1 Residential (multi -family up to three stories) on three parcels located at the corner of 19th St NE and Booth St. The subject property has varied types of residential uses in every direction. Actual zoning districts in the immediate area include 2F, 4F, MF -1, MF -2 and even Neighborhood Services. The site includes approximately 0.9 acres. Mr. Burchinal is proposing to build a multi -unit apartment complex on the site. STATUS OF ISSUE: The future land use plan calls for this site to be low-density residential. However, a break line clearly exists along Tudor in regards both to zoning and actual development, with everything south of that line zoned medium and high density. There is significant multi -family zoning and development east across 20th as well. Therefore, based on the overall neighboring properties and the proposed use, we believe this zoning change, though technically inconsistent with the land use plan, is appropriate and can provide additional residential development space in a non -harmful manner and location. RECOMMENDATION: Approve a zoning change from 2F Residential to MF -l. CURRENT ZONING FUTURE LAND USE PLAN . . HIPPO 19 k f fir t h ff o n n g n a n g e u u I LB, o 1: CURRENT ZONING FUTURE LAND USE PLAN . . HIPPO ri . ... . or,"O", ..... . . . . // Two -Family (2F) Low Density Residential (LDR) DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE CITY BLOCK 227- C, LOTS 1, 1A AND 1B, LOCATED AT 1907,1923, AND 1933 EAST BOOTH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO- FAMILY DWELLING DISTRICT (2F) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 1 (MF -1); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone City Block 227-C, Lots 1, 1A and 1B, located at 1907, 1923, and 1933 East Booth Street, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (217) to a Multiple -Family Dwelling District (MF -1); and, WHEREAS, on October 7, 2019, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on October 28, 2019, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone City Block 227-C, Lots 1, 1A and 1B, located at 1907, 1923, and 1933 East Booth Street, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) to a Multiple -Family Dwelling District (MF -1). Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section S. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 28 day of October, 2019, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney